The Divorce Process
Family Law: No-Drama Arlington Divorce Attorneys
The Jim Ross Law Group P.C. handles all family law matters relating to divorce. We are experienced Texas divorce attorneys with families of our own, so we realize the value behind keeping drama to a minimum while advocating on your behalf for a fair division of marital property. The primary focus of our divorce lawyers is marriage dissolution, including the division of marital property, custody disputes and child support.
What To Expect In The Texas Divorce Process
When contemplating a divorce, it may be helpful to know what to expect along the way. Although the details are different for each divorce, there are three certain steps everyone can expect:
1. Filing For Divorce In Texas
To seek a divorce in Texas, either you or your ex must have lived in the county for at least 90 days and in Texas for at least six months. Once at least one of you meets the residency requirements, that spouse may file for divorce. The spouse who files the divorce petition is called the “petitioner,” and the spouse who is served with the petition is called the “respondent.”
2. The 60-Day Waiting Period
After filing, the state of Texas imposes a mandatory 60-day waiting period before a divorce can be finalized. It is during this 60-day waiting period that the terms of the divorce begin to take shape. In the meantime, the marriage continues under temporary orders.
Establishing Temporary Orders
Temporary orders put rules in place to govern interaction between you and your ex while the divorce is pending. Temporary orders might cover temporary child-support obligations or spousal maintenance. They can even impose restrictions on each spouse’s ability to access and spend money in joint accounts. If you are concerned about protecting assets against your estranged spouse’s mismanagement, you may want to speak to your attorney about seeking a temporary restraining order to freeze joint accounts. Temporary restraining orders can also be used to protect one spouse from domestic violence attempts by the other spouse.
Shaping The Terms Of Your Divorce
During the 60-day waiting period, the terms of the divorce will begin to take shape. This begins with you and your attorney working together to determine what (if any) assets and debts were acquired during the marriage. These acquisitions will be subject to division upon divorce. If you and your ex have children, a parenting plan will also be a major part of your divorce terms. Custody arrangements are often sensitive points of conflict in a divorce. The Jim Ross Law Group handles them carefully, and with respect for a child’s best interest.
3. Finalizing The Divorce
If you and your spouse agree on everything — property division, debt division, and the parenting plan (if applicable) — you can “prove up” the divorce without a trial any time following the 60-day waiting period.
However, if there is disagreement between you and your spouse that cannot be worked out, a divorce trial may be necessary. If your case goes to trial, you are entitled to have a jury hear your case, or if neither party demands a jury trial, you can proceed with a “bench trial” (a trial by judge only, no jury).
Once the court has determined how your assets and debts will be allocated, and what parenting plan to approve, your divorce will be ready to finalize. The court will issue a divorce decree that lists which assets each spouse will get and memorializes all of the agreements and obligations of both spouses.
Of course, every divorce is as different as your situation and your priorities. Schedule a free consultation with the Arlington divorce attorneys at the Jim Ross Law Group to learn more.
Arlington Divorce Lawyer
If you need legal advice regarding the divorce process, contact our law firm at 817-275-4100. Our Arlington divorce lawyers are ready to help.
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